Federalist Society Panel Mulls Legal Challenge to Biden’s Title IX Proposals

Inside Higher Ed

Katherine Knott
September 14, 2023
Could the Biden administration’s proposed regulations for Title IX of the Education Amendments of 1972 be subject to a strict legal test of executive power? Two panelists at a Federalist Society event Wednesday said yes.
The panelists—Montana solicitor general Christian Corrigan and Jennifer Braceras, director of the Independent Women’s Law Center, a conservative civil liberties organization—were skeptical that the proposed regulations, once they’re finalized, would pass the strict test known as the major questions doctrine. The doctrine says in part that agencies need clear congressional authorization when carrying out policies that have economic and political significance.